Ship arrest: no provision for compensation for losses if claim turns out unjustified

You can always expect a scholarly judgment from Teare J. Today he dealt with a long-standing issue in the English law of arrest of ships: the lack of any jurisdiction to demand from the arrester security  for, or payment of compensation for, the losses suffered by the owner if the arrest turns out unjustified. His Lordship confirmed the traditional position, holding that it was for Parliament, or possibly the Rules Committee, to deal with this. If we limited damages for wrongful arrest to cases of malice or gross negligence, he said, it would be inconsistent to give a remedy for arrest not fulfilling these criteria.

In Natwest Markets Plc v Stallion Eight Shipping Co. SA, (the ship MV ALKYON) [2018] EWHC 2033 (Admlty) a bank mortgagee arrested alleging a LTV default; the owner denied default. Unable to secure release by putting up further security, it sought release unless the bank put up security for any losses it suffered in case the bank was wrong. The arrest was, consistently with the above, maintained.

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Professor Andrew Tettenborn

Professor Andrew Tettenborn joined Swansea Law School and the Institute of International Shipping and Trade Law in 2010 having previously taught at the universities of Exeter (Bracton Professor of Law 1996-2010), Nottingham and Cambridge. Professor Tettenborn is a well-known scholar both in common law and continental jurisdictions. He has held visiting positions at Melbourne University, the University of Connecticut and at Case Law School, Cheveland, Ohio. He is author and co-author of books on torts, damages and maritime law, and of numerous articles and chapters on aspects of common law, commercial law and restitution.

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